Legal Question in Real Estate Law in California
Adjacent Property Fence Liability
Neighbor wants 1/2 repair costs to fence by properties up front. For 23 yrs, this fence was cracked & decorative cap bricks coming loose. Another person said it was 18 years old at that time. Neighbor informed us it is on their side of property line. Cemented surveyor's marker seems to show this. Our elderberry bushes within 1-1/2' of fence are now 15'tall. Neighbor contends bushes destroyed the fence demanding ''offending trees'' be removed. 11 years ago, city removed 3 huge carob trees from parkstrip. Where removed the roots rotted. We have sink holes in the parkstrip & raised front lawn. Sidewalk installed after trees removed is cracked & sinking in pattern along rotting roots. Neighbor has sewer line within 2' of fence. It leaked & had to be dug up and replaced about 15 yrs ago, done as a personal repair. Because we never erected a dividing fence up front on ''our'' side of the property line, if it turns out that our elderberry roots didn't create this damage are we liable for 1/2 repair of fence not on our property and subject to possible damage from leaking sewer line and sinking ground from rotting tree roots (the city claims responsibility for and maintains) that originate from parkstrip?
1 Answer from Attorneys
Re: Adjacent Property Fence Liability
From what you say in your facts you would not be liable for the damage to the fence if you can show that the fence is not on your property line and your trees did not cause damage to the fence. Problem is the cost to you of prooving your case if the adjoing property owner sues. It may cost you more than just paying 1/2 of the fence. If you are located in Southern California and would like to receive a free telephone consultation you may call me at 818-342-8020 x1
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
